Theft is one of the most common crimes in Illinois and many other places. From pickpockets stealing a few dollars to organized heists involving high-value property, theft takes on many different forms. Though under Illinois law, the value of the property in question plays a significant role in determining the charge and corresponding punishment.
What is the Illinois Definition of Theft?
720 ILCS 5/16-1 provides the Illinois definition of theft. Under this section, a person commits theft when they knowingly:
- Obtains or exerts unauthorized control over the property of someone else;
- Obtains control over the property of someone else by deception;
- Obtains control over the property of someone else by threat;
- Obtains control over stolen property, knowing or having a reason to know that the property in question was stolen;
- Obtains or exerts unauthorized control over property that is in the custody of law enforcement, knowing or having a reason to know that the property in question was stolen.
For the last version of theft described above — involving property in the custody of law enforcement — the perpetrator must also:
- Intend to deprive the owner permanently of the use or benefit of the property in question;
- Use, conceal, or abandon the property in a way that deprives the owner of use or benefit; or
- Use, conceal, or abandon the property in a way that will likely deprive the owner of use or benefit.
How Does Illinois Punish Theft?
Section 16-1 also details the punishment for theft crimes in Illinois. But the punishment can fluctuate based on certain factors, such as the value of the property in question and the circumstances of the offense.
If the offense occurred outside the person or presence of the owner, then the theft of property worth less than $500 is a Class A misdemeanor. The punishment can involve a maximum of 12 months in jail and $2,500 in criminal fines.
On the other hand, if the offense occurred from the person or presence of the owner, then the theft of property worth less than $500 is a Class 3 felony. The punishment can involve two to five years in prison and up to $25,000 in criminal fines.
For thefts involving more valuable property, it does not matter whether the offense occurred from the person or presence of the owner. For example, the theft of property worth:
- Between $10,000 and $100,000 — Is charged as a Class 2 felony and punishable by three to seven years in prison and up to $25,000 in criminal fines;
- Between $100,000 and $500,000 — Is charged as a Class 1 felony and punishable by three to seven years in prison and up to $25,000 in criminal fines;
- Between $500,000 and $1,000,000 — Is charged as a Class 1 felony without the possibility of probation or conditional discharge; or
- More than $1,000,000 — Is charged as a Class X felony and punishable by six to 30 years in prison and up to $25,000 in criminal fines.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com, or by completing an online form.